LOS ANGELES – An elderly motorist who killed 10 people and injured more than 70 when he plowed through a street market was sentenced to five years’ probation Monday by a judge who said the defendant was callous and deserved prison but was now so ill that confinement would be costly and likely fatal.

George Russell Weller, 89, was not in court to hear Superior Court Judge Michael Johnson denounce him for indifference to the plight of his victims and for a “stubborn and bullheaded refusal to accept responsibility and put this matter to rest for himself and everyone else.”

Weller was 86 when his Buick Le Sabre plowed through Santa Monica’s farmers market on July 16, 2003, after colliding with another car. Moving at freeway speed, he left a trail of victims age 7 months to 78 years.

The case ignited debate over licensing of elderly drivers, but Oct. 20 the jury returned the most severe verdict – guilty on 10 counts of vehicular manslaughter with gross negligence, punishable by 18 years in prison.

Defense attorney Mark Overland insisted after sentencing that it had been an accident and not a crime.

“Any time an innocent man is sentenced it’s not the right thing,” Overland said.

District attorney’s spokeswoman Sandi Gibbons said the case needed to be tried and justice was served.

There was no answer to a knock on the door of the Santa Monica residence of Weller and his wife.

In a lengthy explanation of the sentence, Johnson said he would never understand Weller’s reaction after the accident, in which witnesses said they heard him ask some victims, “Why didn’t you get out of my way?”

As Weller spoke those words, the judge said, there was a dead body draped over the windshield of his car and rescuers were trying frantically to help a horribly disfigured woman who had been dragged by the vehicle.

“In plain sight of this he said, `Just think how I felt’ and `Why didn’t you get out of my way?’

“These are unbelievably callous statements,” the judge said.

“I’m convinced that Mr. Weller deserves to go to prison,” the judge said, but he added he believed doctors’ reports that Weller has severe heart disease, though he is currently stable.

“I don’t see any purpose of sending Mr. Weller to jail or prison,” the judge said. “It would not do anybody any good.”

Weller didn’t testify, but a tape of his interview with police after the accident was played at trial. He said he did everything to try to stop, including trying to throw the gearshift knob into park. The defense argued that it was a case of “pedal error,” in which Weller panicked and mistook the car’s accelerator for the brake.

“Like the jury, I have a lot of trouble accepting those concepts,” the judge said, noting Weller steered well enough to choose to hit people rather than parked cars and trucks. “There were places along the farmers market where Mr. Weller literally threaded the needle through very narrow gaps,” he said.

The judge also ordered $101,700 in restitution, fees and fines. The sum included $57,500 in restitution to families of two victims. Restitution for others remained to be resolved.

The judge ruled after hearing emotional statements from the family of Lynne Ann Weaver, a 47-year-old woman who was killed. She was the daughter-in-law of the late TV star Dennis Weaver and was active in charitable causes. Her brother, sisters, daughter and husband spoke about their grief and their wish that Weller would apologize.

“He needs to explain himself and to apologize for his acts,” said Erin Villalobos, Weaver’s sister.

She and Weaver’s daughter wanted Weller to serve some prison time.

Weller’s nephew, Dr. Robert Bone, spoke of his uncle’s previously admirable life, as did his lawyers.

Attorney Mark Borenstein said he visited on Sunday with Weller, who is now confined to his bed and has a caretaker.

He said Weller whispered to him, “Tomorrow is not about me. It is about the people I hurt, and I pray for them.”

The judge said Weller had not only killed and injured people, “He also caused severe emotional harm to hundreds who were at the market that day.”

During the trial, the judge said, “I saw something I’ve never seen in my life. I saw a police officer crying on the witness stand.”